It's not technically a translation, it's a re-implementation, with test suites acting as the destination. If it was a file by file translation your argument would have been valid.
Simple thought experiment. If you handed this same agents.md file (https://github.com/gitbutlerapp/grit/blob/main/AGENTS.md#sou...) to a human software developer and let them work on exactly the same goal, would their output be considered a derivative work?
I have absolutely no idea how LLMs got through anyone's legal departments, I guess the hope is that if everyone breaks the law enough, it'll just be fine
That is the difference between necessary and sufficient. Clean-room is sufficient to guarantee avoiding copyright, but it is not necessary. The line legally is south of there, but that position was chosen because they didn’t want to crossing and it was easier to argue for legally in court.
tl;dr: clean room is overkill for avoiding copyright infringement
Are you sure? LLMs are in some way a compressed version of their input but it's a pretty lossy compression (arguably this makes them more like a compression algorithm than a compressed version of the data). I'm not sure you can prompt a full, accurate, copy of a nontrivial codebase out of them. Even with zero temperature their accuracy is just not that high.
Granted, these are some of the most widely spread texts, and not codebases, but just fyi: https://arxiv.org/pdf/2601.02671
> For Claude 3.7 Sonnet, we were able to extract four whole books near-verbatim, including two books under copyright in the U.S.: Harry Potter and the Sorcerer’s Stone and 1984 (Section 4).
